In trade union practice, we encounter the problem of certain unions retaining members against their will by obstructing the resignation process. They may prevent workers from obtaining official resignation forms, or claim that no one is authorized to process their departure. In such cases, workers may send a written order to the employer to stop deducting union membership fees from their salary, and the employer is obliged to respect the worker’s wishes. This was confirmed by the response from the Ministry of Labour, Pension System, Family, and Social Policy:

“Regarding the interpretation of Article 189 of the Labour Act, which is invoked by the employer when refusing to stop deducting union membership fees despite the express order of the worker, the Ministry is of the opinion that such treatment is not based on law. The article in question stipulates that the basic precondition for the existence of a legal obligation for the employer to calculate and withdraw membership fees from a salary is the prior written consent of the individual worker. Therefore, an employer who is informed directly by the worker that such prior consent no longer exists is no longer obliged to calculate the membership fee or withhold it from the salary, nor is it obliged to wait for a union order, since this is an original right of the worker.

Further, an employer who has been informed that the consent of the worker no longer exists meaning that such consent is denied to both the Union and the employer and has received a clear order to stop withdrawing the membership fee from the worker’s salary, is obliged to act on the order of the worker without entering into the internal relations between the worker and the Union. If the employer continues to withhold the membership fee from the worker’s salary despite the order and will of the worker, there is a possibility of liability for damages.

As for the problems in relations between union members and Union bodies, this is a strictly internal issue, but we are of the opinion that, in the described case, there is no obstacle for a union member who unsuccessfully requests an official resignation form to express their will to terminate membership in other ways. For example, this can be done in writing via the official email of the Union, through the Union commissioner or the president of the union, or by registered mail. In any case, according to Article 184, each member of the Union has the right to judicial protection in the case of a violation of their rights established by the association’s rules or other regulations.”

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